SOP 103.67: Limited English Proficiency (LEP)

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|
|Policy Number: 103.67|Effective Date: 12/03/2020|Page Number: 1 of 5|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Office of Professional
Standards - Compliance)|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

The Department of Corrections shall prohibit discrimination based on an individual’s
Limited English Proficiency. To ensure effective communication with all
contractors, employees, and offenders at all points of contact and Meaningful Access
to all programs and services, language assistance services shall be provided to those
individuals with Limited English Proficiency.

II. Authority:

A. E.O. 13166 of Aug 11, 2000 (65 FR 50121).

III. Definitions:

A. Bilingual - A person competent in two languages in equal aptitude in either oral

or written form is considered bilingual.

B. Interpretation - The act of listening to a communication in one language and

orally converting that language into another language, while retaining the same
meaning.

C. Limited English Proficiency - A limited English proficient (LEP) person is one

whose Primary Language is not English, and/or who has limited ability to read,
write, speak, or understand English. A LEP person may have sufficient
proficiency to function in one context, but insufficient proficiency for other
contexts.

D. Meaningful Access - Providing or arranging for language assistance services,

including oral Interpretation and written Translation, where necessary.

E. Primary Language - Is an individual’s native tongue or the language in which

an individual most effectively communicates. The Georgia Department of
Corrections staff should not make assumptions about a person’s Primary

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|
|Policy Number: 103.67|Effective Date: 12/03/2020|Page Number: 2 of 5|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Office of Professional
Standards - Compliance)|Access Listing:
Level I: All Access
|

Language and should ask a person seeking services or information the language
in which they prefer to communicate.

F. Translation - The replacement of written text from one language into an

equivalent written text in other language.

IV. Statement of Policy and Applicable Procedures:

A. Language assistance services will be available at no cost to individuals with

Limited English Proficiency (LEP).

1. Documents intended for the Department of Corrections (e.g. handbooks, help

request forms, grievance forms, etc.) will have a Spanish language
Translation. Other Translations may be developed as needed.

2. Oral communication with LEP individuals will be provided by Bilingual staff

or through an interpreter. Interpreter services may be provided by staff or
through community interpreter services.

3. Interpretation services may be provided:

a. In person;

b. Over the telephone;

c. Through video conferencing;

d. Through social media such as email or text messaging using only

Department of Corrections approved electronic communications devices;
or

e. Other appropriate technology.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|
|Policy Number: 103.67|Effective Date: 12/03/2020|Page Number: 3 of 5|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Office of Professional
Standards - Compliance)|Access Listing:
Level I: All Access
|

4. Family members, children, friends, and untrained volunteers will not be used

as interpreters, unless specifically requested by the Interpreter Designation
Form or approved by legal representation.

5. Facility/Program/Leadership will ensure that all staff are trained on how to

access language assistance services.

6. Each secure facility will provide employees with LEP a listing of designated

interpreters for their identified language (Attachment 1) to identify language
needs.

7. The employee’s identified Primary Language will be documented and

retained in the individual’s local personnel file.

8. For any and all languages for which employees or volunteers of the

Department of Corrections are unavailable to provide Interpretation or
services, the agency will contact a Certified Court Interpreter listed on the
Georgia Commission on Interpreters’ website.

9. Additionally, for in person customers, the Department of Corrections will

post language identification cards so that persons with Limited English
Proficiency can identify their language to ensure the proper interpreter is
requested.

10. Interpreting and other accommodations for deaf or hearing-impaired

offenders will be provided through the Facility ADA Coordinator.

11. Additionally, the Department of Corrections will have staff available and

trained to respond to the TTY telephone equipment for incoming calls.

12. The Department of Corrections will publicize on its website and in all written

materials that the agency does not discriminate based on Limited English

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|
|Policy Number: 103.67|Effective Date: 12/03/2020|Page Number: 4 of 5|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Office of Professional
Standards - Compliance)|Access Listing:
Level I: All Access
|

Proficiency and that services are available regardless of language
comprehension or ability.

B. Reporting Process:

1. If you believe that you or an individual that you or your organization

represents has been discriminated against because of your race, color, or
national origin, including Limited English Proficiency (LEP), by programs or
activities receiving federal financial assistance, you may contact the Federal
Coordination and Compliance Section.

2. If you believe that you or an individual that you or your organization

represents has been excluded from participation in, denied the benefits of, or
subjected to discrimination on the basis of your sex by any education
program or activity receiving federal financial assistance, you may contact
the Federal Coordination and Compliance Section with the information
provided below:

Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice Programs

U.S. Department of Justice

810 7th Street, NE
Washington, D.C. 20530

(202) 307-2222

3. Additional information can also be obtained from the Criminal Justice

Coordinating Council (CJCC) regarding Limited English Proficiency and

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|Policy Name: Limited English Proficiency (LEP)|
|Policy Number: 103.67|Effective Date: 12/03/2020|Page Number: 5 of 5|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Office of Professional
Standards - Compliance)|Access Listing:
Level I: All Access
|

Federal Grant Programs specific to the Georgia Department of Corrections
using the information provided below:

Criminal Justice Coordinating Council

104 Marietta Street, Suite 440

Atlanta, GA 30303

(404) 657-1956
(404) 657-1957 (Fax)
V. Attachments:

Attachment 1: Interpreter Designation Form
Attachment 2: Department of Justice Complaint and Consent Form
Attachment 3: Department of Justice Complainant Consent/Release Form

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, Attachments 1, 2, and 3 will be retained permanently in the
employee’s official and local personnel files.